LAWS(MAD)-2019-4-715

LATHA Vs. INSPECTOR OF POLICE DISTRICT CRIME BRANCH

Decided On April 24, 2019
LATHA Appellant
V/S
INSPECTOR OF POLICE DISTRICT CRIME BRANCH Respondents

JUDGEMENT

(1.) This petition has been filed to quash the F.I.R. in Crime No.2 of 2018 on the file of the first respondent registered for the offence under Section 420 I.P.C.

(2.) The learned counsel for the petitioner submitted that the second respondent lodged a complaint alleging that he paid a huge sum of Rs.1.35 crores by cash on 21.02.2013 to the first accused in the presence of the petitioners 1 to 3 herein. Again, the second respondent paid a sum of Rs.40 lakhs on various occasions through bank transactions. After receipt of the same, the accused persons failed to repay and when the second respondent questioned the same, the fourth petitioner has threatened him with dire consequences.

(3.) Per contra, the learned counsel for the second respondent filed counter and submitted that during the course of business the first accused was introduced by one, Mahendran. They also developed business relationship and he borrowed a sum of Rs.1.35 crores to develop his coconut export business. Thereafter he also borrowed a further sum of Rs.40 lakhs on various dates. When the defacto complainant requested to return back the money, the petitioners and the other accused threatened him with dire consequences. Therefore they colluded each other and cheated the second respondent. Hence, he prayed for dismissal of this quash petition.